Trial of the Charge of High Treason, Day 3

Trial of the Charge of High Treason · Day 3

p. 53The third dayes proceedings. July 25. 1651. The Court is ſet, and Mr. Love is commanded to the Bar.

Att. Gen.

Mr. Love. This is the day the Court hath given you, (according to your deſire) to make your defence, and they are ready to hear it.

L. Preſ.

And I hope thoſe directions that have been given, have been obſerved, that any perſons of what qualitie ſoever, either Lawyers, or others that came to you, have had in a fair way acceſſe unto you. And that you have been debarred nothing that the Court gave order for; if there have been any impediments, we will do our beſt to have them taken away.

Att. Gen.

My Lord, I have nothing more at preſent againſt him; you have heard that whereof he ſtands accuſed, and the evidence produced to prove it: and my Lord, I hope they be ſufficient to convince the Gentleman, that there is proofe againſt him for theſe facts, and treaſonable deſignes, whereof he ſtands accuſed. This day is appointed for is defence, if he think fit to make it; but if God hath otherwiſe wrought upon his heart, and that he himſelf is convinc'd, that the charge againſt him is proved to be true; to me it will be the beſt way of his preſervation; But what way ſoever he thinks fit to take, I ſhall be ready to go along with him in it; and ſo my Lord, I expect what he ſhall ſay.

Mr. Love.

My Lord, I ſhall not trouble your Lordſhip, and the Court, to bring in at preſent any witneſſes, to teſtifie any thing that might invalidate that teſtimony that ſome have brought in againſt me; I love not to protract time, but I ſhould betray my own innocencie, ſhould I by my ſilence lie under all that charge and obloquie which is caſt upon me: and therefore, I deem it my dutie wherein I can, and as far as I am able, to expreſſe my ſelfe before your Lordſhip, and the Court; And therefore I humbly crave leave of your Lordſhip, and this Court, that I may make my defence for my life before you.

Although I am denied counſel to plead for me in this Court, which is ſo juſt and neceſſary a means for the preſervation of my life, yet my comfort is that of the Pſalmiſt, Pſal. 7.10.12.5.Ps 7:10Ps 7:12Ps 7:5My defence is of God, which ſaveth the upright in heart, and pleadeth the cauſe of his ſervant againſt him that puffeth at him.

My Lord, You have granted me that favour, which the Romans did to Paul, that he might anſwer for himſelfe, concerning the crimes laid againſt him.

In making my defence, I ſhall humbly crave leave to proceed in this method, To ſpeak ſomething firſt concerning the charge. 2^dly, concerning the witneſſes and their teſtimony. 3^dly, ſome thing concerning my ſelfe; and then Laſtly, ſome things humbly to propoſe to your Lordſhip, and the Court. Concerning my charge. Mr. Atturney General hath exhibited a charge againſt me conſiſting of two p. 54parts. Of high treaſon, and of other high crimes and offences. As touching the firſt, comparing the acts which the State hath made, with the actions which my ſelfe have done, I know not any perſonall act of mine, (proved againſt me) that renders me guilty, as to treaſon, by any publick act of your Lordſhips; And therefore I pleaded the generall iſſue, Not guilty, as to that.

As to the ſecond, my Counſell, having a general licenſe to come to me, and ſince having been with me; they have acquainted me that preſence with, or ſilence at what my accuſers have done, this renrenders me culpable by your acts. And therefore as to that, I ſhall humbly commit my ſelfe to your juſtice and mercy.

Concerning Sir, the Charge laid againſt me, I can ſafely and truly ſay, I am charged with many things, which I ought not; being pretended to be done before the Act was publiſhed, which conſtitutes this Court; I am charged likewiſe therein with many things that I knew not, and with other things that I did not; and therefore dare not in conſcience lie under the obloquie of the whole charge. I do therefore in generall declare and proteſt againſt what is mentioned in the charge, touching the raiſing of inſurrections, ſeditions, and rebellions; I may ſay in that regard as Jeremy did, I deſire not that wofull day, God he knows.

To the other particulars, to wit, the confederation with Jermine, Piercy, and others in forraign parts, to raiſe forces, I anſwer, I diſlike the very mention of their names, or any concurrence with them in any practiſe of ſuch a nature; who are perſons, whoſe principles are ſo contrarient to religion and liberty.

As touching the other particulars; to wit, a correſpondence with the Son of the late King, the Queen, Jermine, and Piercy, and others mentioned in the charge; I doe declare before you, that I never received letter from, nor ſent letter to any of them, nor had I any correſpondence with them.

There are other things in the charge, to which all the depoſitions of the witneſſes doe not in the leaſt come up: And ſhould I by my ſilence, render my ſelfe obnoxious to the whole, you might judg me to be guilty of that which indeed I am not guilty of.

I obſerve in reading the charge, that there are many things in it, which the witneſſes doe not in the leaſt ſpeak unto. For firſt, None of them ſwear, that ever I writ letter to the King, or to the Queen, his mother, or to Jermine, Piercy, or any other perſon named in the charge, or to any perſon of the Scottiſh Nation, ſince the troubles began.

Againe, None of the witneſſes ſwear, that ever I either deſired, or perſwaded, or directed any perſon to write any letter to any perſons, whoſe names are mentioned in the charge; or to any perſon in, or of the Scottiſh Nation; Nor do any of them ſwear, that ever any letter was written in my houſe: but that onelyonly letters ſuppoſed to be come from, or ſent to the Scots, were read there, which I do not deny. Again, None of them ſwear, that ever I did ſo much as read a letter in my houſe, or other where, that was pretended to come from the Scots, or pretended to bee ſent into Scotland. Further, None ſwear that ever I gave my expreſſe and particular aſſent to the ſending away of any letter. And none ſwear, that ever I collected one peny of money, either for the King, or the Scots, or any perſon in Scotland. That which is affirmed by one teſtimony, to wit, by Alford, that I moved for money, I ſhall anſwer when I come to it. Again, None of the witneſſes prove, that ever I invited any perſon, or forraigne forces, to invade the Nations of England, and Ireland, which yet is laid expreſly to my charge, in the charge read againſt me: None likewiſe prove, that ever J plotted, contrived, or endeavoured to raiſe forces, tumults, or inſurrections within this Nation, againſt the preſent Government. None ſwear, that J was a correſpondent; Jndeed Adams in his teſtimony had theſe words, (which both the Notarie and my ſelfe took,) that he took me to be a correſpondent: but when J had your Lordſhips, and the Courts leave to put this queſtion to him; Whether upon oath he would affirm J was one? His anſwer was, that he could not poſitively ſay J was ſo, but he ſaid, he did conceive J was a correſpondent, but did not ſay J was ſo. So that Sir, as to theſe particlars, there are none of the eight witneſſes, (neither the ſeaven, that have been ſworn, nor yet Maſter Jaquel, whom J doe not take to be under an oath,) that doe charge any of theſe particulars upon me.

J have a word alſo to ſpeak concerning the witneſſes, who are my accuſers, and J might ſay, there is an incompetency in them, as to their number. There are many particulars ſworn againſt me, to which but one witneſſe hath ſworn to one fact; and this J ſhall humbly offer to your Lordſhips p. 55and the Courts conſideration. J might alledge alſo an incompetencie, as to their quality, they are not onelyonly perſons accuſed of treaſon, and ſo are not to be believed, but they have made an open confeſſion of that which is treaſon by your Act, and ſo are not legales teſtes. They have done that by an open confeſſion, which as J am informed, is equivalent to a conviction; they have confeſt, ſending of letters, receiving of letters, and lending of money. But they have proved none of theſe things againſt me. Now they having both given it under their hands, and alſo publickly declared that they have done theſe things, I cannot judge them competent witneſſes againſt me; but this I muſt leave to the Courts conſideration.

Sir, Concerning the incompetency of their number, To that wherein two witneſſes doe concurre, I am concluded. And wherein they have teſtified any thing true, I would not deny it for all the world, and wherein they agree in their teſtimony in a truth, therein I will be candid, and ingenuous to acknowledge it.

My Lord, Though the Charge be long, and my time but ſhort, and the depoſitions many ſheets of paper, (and truely I could hardly read them over, till late laſt night) yet through the good hand of God upon me, I ſhall labour to make as plaine and clear a defence as God ſhall enable me.

Sir, In reading over the charge, I obſerve, that thoſe things which ſeem moſt criminall againſt me, are ſworn to, but by ſingle teſtimony, and I will mention with your Lordſhips leave a few particulars.

Firſt, Touching the letters, ſaid to be from Titus, the effect of it being as was ſaid, to deſire ſome to come over to Calice, that he might give them information touching affaires at Jersey, none but Far ſwears that, this letter was read in my houſe. The other witneſſes, ſome ſay, it was read in one place, and ſome in another; Alford, I remember, he ſayes, he heard it from William Drake, and Adams ſayes, it was read in William Drakes houſe, but none but Far ſwears it was read in my houſe. There is likewiſe none but Far ſwears, that Major Alford was deſired in my houſe to go to Calice to Titus, neither Jaquel, nor Potter, nor Alford, nor Adams, nor any of the reſt lay this to my charge; it is onelyonly Far, that layes this to my charge, and he doth it moſt untruly, which I will make out unto you by an undeniable demonſtration.

He ſays, that at a meeting at my houſe, the company did deſire Major Alford to go to Calice. Now if your Lordſhip obſerves Alfords teſtimony, he tels you upon oath, that he was never in my houſe, till after he came from Calice, nor ever ſpake with me in my life, till after he came from Calice, therefore could not be deſired in my houſe to go to Calice. So that Sir, I will not lay it upon the badneſſe of Far's conſcience, but upon the badneſſe of his memory. I do not think he is ſuch an Atheiſt, to ſwear falſly deliberately, but being ask'd ſo many queſtions as he was, for he was ask'd fourſcore and eighteen queſtions by Mr. Atturney, and ſome of the Court, he might eaſily ſay, he knew not what.

And I ſaw the man was confounded, and it was hinted to him what to ſay, by the help of the papers, and examinations taken from him in private, and ſhewed to him in publick; ſo that Sir, I ſaw the man under a temptation. I was loth to mention this then, though I knew his teſtimony herein to be be falſe, becauſe I would not anticipate my laſt anſwer.

A 3^d particular charged upon me by one witneſſe onelyonly is a copie of a letter, (not the Originall, none ſwears that) that Alford received from Titus, and he told him, it was a copie of a letter from the King. Now Far he ſwears that the ſubſtance of the letter was to deſire Commiſsioners to bee ſent over to Bredah, at the Treaty there; now Alford, who pretended to receive this letter from Titus, being ask'd the queſtion, he ſwears that there was no ſuch thing in the letter, that he knew of. Now truely, if any did know the contents of that copie of a letter, it muſt be Alford, who brought it over; I beſeech your Lordſhip therefore to conſider it, and though the charge againſt me be very high, and my condition very low, and the oppoſition againſt me very great, yet I hope I am in the hands of mercifull and juſt men, and that wherein you ſee but ſingle teſtimonies, that therein you would be very tender in proceeding to a ſentence againſt me upon thoſe teſtimonies.

Again, in the next place, I obſerve a ſingle teſtimony only in another buſineſſe, and that is Major Alford; none but he of all the witneſſes, did ſwear that it was agreed upon among us, that is, at my houſe, That a commiſsion, and inſtructions ſhould be ſent over to the Lord Willoughby of Parham, Maſſey, Titus, and Alderman Bunce; none, I ſay, but Alford ſwore this; Adams indeed, ſwore that there was a motion that this ſhould be, and Huntington ſwore this, that Mr. Love ſhould ſay, Come, come, let it go, (to which I ſhall anſwer when I come to it.) But Far ſaid expreſly, three times in Court, being p. 56upon oath alſo, That all the Company were againſt ſending away the Commiſsion: And Alford he onelyonly ſwears, that the Commiſsion was agreed upon.

I hope your Lordſhip, and the Court, will judge which of theſe to believe, and for Alfords affirming that it was agreed upon among us, I am ſure, if he had any conſcience, he could not ſay that I agreed to it. I will not deny (now witneſſes have proved it) but that I was preſent. But I did expreſſe my ſelfe againſt the Commiſsion and inſtructions, as being an act of high preſumption, for private perſons to ſend commiſsions and inſtructions; and as being an act of notorious falſhood, that it ſhould run in the name of the Presbyterian partie; when none did know any thing of it, that I know of, but onelyonly thoſe that were then in the room; and I beſeech your Lordſhip, and the Court, to conſider that this is not onelyonly a ſingle teſtimony, but that it is ſaid to be done in the year 1649. a great while ago, my Lord: And ſo the buſineſſe of Titus, if it had been true, was done ſome time before that; ſo that Sir, it being done before the Act of the 26^th of March, 1650. which conſtitutes this Court, herein I hope it will not be deemed criminall, if I had agreed to, and approved of the Commiſsion, which I never did. Another particular, to which I obſerve, there is but a ſingle teſtimony, which is Alford alſo; he ſwore, that at a meeting at my houſe, I moved for contribution of money to Titus: None ſwore this, but onelyonly he, Adams ſwore, I took pen and ink in my hand, but he knowes not what I writ: others ſwore that I was ſometimes preſent at the meeting, but none but Alford ſwore that I moved at a meeting for contribution of money. Now Sir, as to that it is but a ſingle teſtimony; and if it were true, I do not deem it comes under the Act, becauſe the Act (of which I was ignorant, till the day I heard it here in Court) of the ſecond of Auguſt, 1650, That Act doth adjudge this to be treaſon, to wit, The ſending, or cauſing to be ſent money, horſes, or armes, into Scotland. Now Sir, if it had been true, which this witneſſe depoſeth, That I at a meeting did move▪ for money, yet he proves not againſt me, that ever I received or ſent away a penny; and if I had moved it, that had neither been a ſending away of money into Scotland, nor a cauſing of money to be ſent away; and ſo brings me not as to treaſon under your act.

Another thing, unto which onelyonly a particular witneſſe ſwore; to wit, Far, is, that I moved him particularly to contribute money; he chargeth not this at a meeting, as Alford doth; for he ſayes, he came in late, but ſaith that it was a perſonall motion to him alone; and he doth not ſay, that I moved him for money, for Maſſey and Titus, but that I onelyonly ask'd him this queſtion, Captain Far, what will you do? And if your Lordſhip conſider it, and that your Notaries have taken right, you ſhall find that to be his anſwer, which I ſhall anſwer when I come to it; and thereupon he confeſſes, he brought five pounds to my houſe, but he doth not tell you that I received it, and God is my witneſſe, I never ſaw it, nor received it, nor did I give any directions about it; but as Far was going out of the Court, he named Captain Maſſey, the perſon which hee thought received the money; for which hee was rebuked by ſome that were by him, that ſo the greater odium might lie upon me; as if becauſe the money being brought to my houſe, I muſt needs therefore receive it; his name, as I am informed, that rebuk'd him for declaring, who received it, is Captain Biſhop; ſo that they would inſinuate into your breaſts, who are my judges (who I hope will be conſcientious) That it was I that received the money, when the witneſſe meant honeſtly, that another received it; but if I had received it, or moved for it, yet he is but a ſingle teſtimony to that particular. Again, in reading the depoſitions, I take notice that there is onelyonly a ſingle teſtimony to thoſe words; (upon the reading; reading I cannot ſay, for I never read it; upon the hearing ſome papers read, ſuppoſed to be a commiſsion) that Huntington ſwore, that I ſhould ſay, Come, come, let it go. Thoſe were his words; but the other who were there preſent, two or three of them being ask'd whether they heard me ſpeak ſuch words, they all of them denied that they heard any ſuch words. Now truely, this Huntington is a man whoſe face I never ſaw before that day, nor ſince, till I ſaw him here in the Court; and if I had known that a buſineſſe of any dangerous nature had been come to my houſe, which I did not; (for I knew no more of it, then any here preſent, before Drake took the papers out of his pocket, which Huntington confeſſes were written in characters, and read by Drake,) I ſhould have been accounted a very indiſcreet man, to ſpeak any ſuch words in the preſence of a man whoſe face I never ſaw before. And for thoſe words, that I ſhould ſay, Come, come, let it go. I hope your Lordſhip, and the Court, will be ſatisfied, that I never ſpake any ſuch words; as to the commiſsion and inſtructions, for then I ſhould have contradicted my ſelf in one breath. For at the ſame time, I had ſpoke againſt it.

p. 57Again, I obſerve in the depoſitions, None but Adams affirms that there was a Letter, which ſayes he; was declared to be directed to the Generall Aſſembly of Scotland. He doth not ſwear it was directed to the General Aſſembly, but that it was declared to be ſo, and ſo ſwears by hear ſay: None but he (I ſay) affirmes upon oath, that at my houſe there was a Letter read which was declared to be directed to the General Aſſembly. And he ſays further, He thought this Letter was pend by Maſter Love, or D. Drake. But I beſeech your Lordſhip and the Court to conſider by what reaſon he did conceive this, and I hope your Lordſhip will diſtinguiſh between a poſitive aſſertion, and a conjectural ſuppoſition. For being ask'd why he conceived ſo? I conceive ſo, ſays he, becauſe of the language of it; as if he that never ſaw any Letter of mine, to know that poor and low ſtile I write in, ſhould conceive that either I, or that other Gentlemen named, ſhould pen that Letter, meerly becauſe of the language of it; it being (he ſaid) in order to promote the ends of the Covenant. I hope the Court will judge of the inſufficiency of this evidence; and were it never ſo clear, yet as to that particular, it is but one teſtimony.

Again, None but Adams ſware concerning a large Letter, that for my part I never knew of, till the day he affirmed it here in Court. A large letter, he ſayes, in the Nature of a declaration, pend as he thought, by Maſter Love, or Doctor Drake, wherein it ſhould be ſaid, that they could not ſend mony, till the Scots did appear more conſiderable, and grew nearer to Action. Yet he confeſſes he had no ground to ſay, Maſter Love pend it. And indeed, he had not. But Sir, as for this letter, though I durſt not for a world deny any thing which I know to be true; Yet God is my record▪ to any knowledg, I never ſo much as heard any mention of it. And as for theſe words he ſpeaks of to be in the Letter, I know nothing at all of them. Nor did I ever hear them, as I know of, till I heard him affirm them here in Court.

But if it had been ſo, yet he is but a ſingle teſtimony, and I beſeech your Lordſhip to conſider that he ſays it was to this effect, or this was the ſubſtance of it. Now I hope, ſo many Grave Judges and Lawyers that ſit upon my life, and ſo many conſcientious men, will be tender of a mans bloud, when a man ſhall come in with evidence, and ſhall ſhew neither my hand, nor the letter, nor the Originall, neither copy, nor tranſcript, nor any thing but the vain rovings of a mans memory in things ſpoken or done ſo long ago: And that a man ſhall come in againſt a mans life, and ſhall only ſay, that this was the ſumm or ſubſtance of it, or it was to this effect: And I being a Divine, I ſhal not ſpeak as to matter of Law, that this is inſufficient teſtimony, but as a Scholer, and one that ſtudies the Scriptures, I ſhall obſerve one memorable inſtance that pleads my juſtification in this particular▪ and they are the words of Chriſt; Chriſt ſaid, Deſtroy ye this Temple, and in three dayes I will raiſe it up: Now the Scripture in Mark, ſays,John 2▪ 19. Mar. 24.57.58.John 2:19 There aroſe certaine and bare falſe witneſſe againſt Chriſt… ſaying, we heard him ſay, I will deſtroy this temple, &c.

I beſeech your Lordſhip to conſider, that in this teſtimony of the falſe witneſſes againſt Chriſt, there is only the variation of a word, and the addition of a letter; there is the addition of a letter, I, and the alteration of the word ye for will, (there's all) for Chriſt did not ſay I will deſtroy, but, deſtroy ye, and yet the Scripture takes notice of it, that this addition of a letter, and alteration of a word, brought his accuſers under a falſe teſtimony; though they ſpake according to their intention, for they did verily beleeve he ſpake of the Temple, for they ſaid, Forty years was it in building. So that I beſeech you be tender in matters of blood; I know you who are skilfull in the law do know that the proof of treaſon muſt be as cleer as the Sun, Probationes opportent eſſe luce clariores. Now when a man ſhal come againſt a mans life, and cannot ſhew any letter that ever he wrote, or that ever he did receive; but ſhall only ſwear it was to this effect or to this purpoſe, or I beleeve this was the ſubſtance of it, I hope you are ſo wiſe and conſciencious, that you will paſſe no judgement upon this conjecturall evidence.

Another particular, to which only one witneſſe teſtifies; and that is Adams, he ſwears that I ſhould ſay, that if the Presbyterians were in Armes, by the bleſsing of God, malignants might bee prevented from getting the Day. Truly, I do not know what crime is in theſe words, but as they may be wreſted. But Sir, I do remember that this Adams hath often come to my houſe; he ſaid, ſeven or eight times; he might have ſaid, ſeven and twenty times: for he hath come ſome times once or twice a week to my houſe, to tempt me (as I now perceive) and hath offered me mony: and would ask mee whether I knew any thing for a publick uſe that might require money. And though I never ſuſpected him, yet ſo free am I from maintaining correſpondencie, or from having intelligence, or contributing p. 58of money to maintain a war, That I never received one peny of him in my life, though I have been moved to it by him: But I remember, of late eſpecially, about a quarter of a yeer before I was in priſon, hee would come once or twice a week to my houſe, and he pretended that he was wrought upon by me, and that I had turned him from his malignant principles; for he was very violent for Hamilton's invaſion of England, which I was, and to this day am againſt; and I did labour to poſſeſſe him what a miſchievous deſign that was: And ſo he pretended to be turned to my principles, and upon this got ſome room in my affections; but theſe words were not above a fortnight before I was committed to priſon: and I remember, the occaſion of them was this; I was bewailing the great alienation and difference that there was between the Presbyterian and Independent partie (though I do not love names of diſtinction) and indeed, thus I ſaid, That if the godly party, that are now diſunited and disjoyned, both of the diſſenting and the Presbyterian way, were in arms, there were no hopes that ever the Malignants ſhould get the day. And God is my record, I ſpake nothing to him but to this purpoſe. And thus through the good hand of God upon me, I have ſpoken to what I obſerve in reading the Depoſitions, wherein I finde but ſingle teſtimonies againſt me.

I ſhall now crave leave (which is the main of my work) to run over the Depoſitions as briefly as I can; for I ſhall not trouble you with large Speeches: but being the Depoſitions were large, and the Witneſſes many, your Lordſhip and the Court (I hope) will bear with me with the more patience, if I ſpeak more largely in it. It is … duty to ſpeak for my ſelf, and 'tis for my life.

The firſt Witneſſe that … in Court againſt me, was Henry Potter. As to his teſtimony, there are many particulars whic… … was ask'd about me, to which he ſpake but conjecturally; As he thought, and as he beleeved, and as he conceived. And when papers by M Att. Gen, of his Examination were tendred to him, he anſwered, that then he had a latitude to ſpeake more then he durſt affirm upon Oath. And upon this I ſhall humbly crave leave that I may make this motion to you, That you would not, in paſſing judgment upon me, hearken to any private examinations, which are extrajudicial to be brought in Court againſt me; for moſt of the Witneſſes had their private Examinations ſhewed them in Court, and were read to them, and they did not ſpeak in their relations of what they knew, but what they conceived; and when they could not tell what to ſay, then their Examinations were produced to direct them; and I hope your Lordſhip and the Court will take notice of this. And herein I cannot but acknowledg the juſtice of this Court in this particular, That you would not receive private examinations till they came face to face, that I might anſwer to the crimes laid againſt me.

But as to his Teſtimony, I ſhall not run over things that touch me not, I muſt not flatter my ſelf to paſſe over things that concern me. For I know it will be look'd upon with more prying eyes then mine are. There are onelyonly two things in his teſtimony that concerns me. He ſpeaks not of any meetings at my houſe that he knows of; he ſpeaks not of any money that ever J lent him or gave him, though there was a narrow and exact examination of him in thoſe particulars. But two things concern me in his Depoſition: The one is, that he received a letter with a great L upon it, from one Colonel Bamfield, which was a Narrative of the Affairs of Scotland, which letter, with two more incloſed from my Lord of Argile, Lowden and Louthain, He ſaid, he brought them to Mr. Loves; and herein J might take notice, that he forgot himſelf a little, for he might have ſaid, that he brought them firſt to Mr. Jaquels; for Jaquel did affirm in Court, that Potter brought the letters to him, and ſpake to him to come to me. The ſubſtance of the letters from the Earl of Argile and the reſt, he ſayes, were to move for ten thouſand pound; and (as J remember, Jaquel ſayes, for five thouſand pound: But Potter himſelf acquits me in this matter; for he doth not ſwear the letter was to me, nor could he ſwear it juſtly; nay, he ſwears, he did not think it was to me. And as for this Bamfield, he is a man whoſe face J never ſaw to this day. And he ſwears, (and indeed, he had been injurious if he had not told you thus) that when he came into Mr. Loves houſe, he ſaid, Mr. Love, I have news to ſhew you. This paſſage of C. Potters, [Mr. Love, I have news to ſhew you] was through ſome miſtake left out of his Depoſitions.And unleſſe things be aggravated againſt me by the inſinuations of men, and by rigid inferences and collections, this will be the worſt charged upon me, That there were ſeverall meetings at my houſe, and ſeverall letters read there; which J do not deny: But Sir, he confeſſes, that he ſaid, [Mr. Love, I have news to ſhow you;] and that he opened ſome of the letters, and that ſome were not opened when he brought them: But neither he nor Jaquel ſwears, That J opened them. And he tells you, that he carried the letters away with him. And he ſwears further, that both my ſelf, and all that were there preſent did manifeſt an utter diſlike and deteſtation of thoſe letters. But herein p. 59J know what will be laid to my charge. Jt will be ſaid, why did not Mr Love reveale them? Truly to this J do ingenuouſly ſay, That J did conceive, by reading of the Act that conſtitutes this Court, That theſe onelyonly were bound to reveale, that did receive them; and not that J was bound to reveal that which another man received. But herein J am better informed by my councel, and they tell me, That preſence with, or ſilence at what others do, makes it a criminall fact in me, if the matter of the Letter be criminal and treaſonable by your Acts; and therefore in this, that J did not diſcover them, J ſhall humbly beg your favour.

The next thing in Potters Teſtimony that toucheth me, is, He ſwears that he heard of a Propoſition for raiſing of 400 l. for Titus and Maſſey: But he varies from the others; Alford ſaid, 2 or 300 l. and Far ſaid, 250 or 300 l. and Potter ſaith, 400 l. But he ſaith he was not preſent when the propoſition was made, and therefore he cannot ſpeak as to that. But yet ſaith he, J brought ten pounds to Mr Love's houſe, and there left it (five or ſix perſons more being in the room.) Mr. Att. Gen. was pleas'd to ask him whether he did not give me a twitch by the hand or cloak when he brought it? Potter, I remember, denyes that he did ſo, and I do not remember that ever he did it, nor do I remember that ever he laid penny of money down in my houſe. And I tell it you in the preſence of God, I never ſaw it, nor received it to this very day. But Sir, if he had given me a twitch, which is intended as an aggravation againſt me, I hope a Judicatory will not proceed upon ſo ſilent a thing as that is. Though Solomon ſays, There is a teaching with the fingers, yet that is ſo ſilent a thing, that a court of Judicatory cannot take notice of it, unleſſe it be manifeſt and apparent by ſome act.Pro. 6.13Prov 6:13 And therefore ſeeing he doth not affirm that I ſaw the money laid down, or that I received the money, or directed or ordered him to come to my houſe with any money, I hope you will not lay that to my charge. And thus I have done as to that particular.

There is onelyonly one thing more in order to the letters he was examined about. He was ask'd what anſwer was returned to thoſe letters that he received from Bamfield, and the Earl of Argile, and the reſt, that he ſhewed Mr. Love. To that he gave this account, That a letter was left at his ſhop, which he thought (he ſaid) came from Mr. Love or Doctor Drake. Now Sir, for my part, I declare in the preſence of God, That I never in all my life, either wrote or ſent, or left Letter at his ſhop: And although, I am not to plead an other mans cauſe, yet I believe, that godly Miniſter he mentions, will clear himſelf alſo; but I muſt onelyonly ſpeak to my own defence. For my part, I never in my life, ſent Letter to his ſhop, written to thoſe perſons: And he onelyonly ſwears, That he thought the Letter left in his ſhop, came from me or Doctor Drake: But how could he know from whom it came, or what was the matter of it? And if it had come from either of us, which he did not affirm, yet he doth not ſay he opened the Letter, and ſo could not tell the Contents of it, that it was an Anſwer to the ſuppoſed Letters he ſhewed me. I have onelyonly one thing to obſerve in his whole Teſtimony, and that is, That he confeſſes until he had a ſight of other mens Examinations in private; to wit, Of Alfords and Adams, the things did not come to his remembrance, or words to that effect, he hath in his depoſitions; and that there were ſome things, to which he could not ſpeak exactly, till he firſt ſaw ſome Informations; and that Maſter Attorney General did ſhew him ſome Informations, and that did bring things to his remembrance; and that before Captain Fiſher, and Mr. Attorney did prompt him and remember him, he had forgot▪ So that Sir, J beſeech you conſider, whether this be a clear and good Teſtimony in Law, That when a man hath forgot a thing done ſo long ago, he ſhall through the Examinations of others, have his memory rub'd up, and then ſhall come here in a publike Court, to teſtifie this againſt a mans life.

The next Witneſs is Major Alford, He gives you a large Relation about ſending Titus to Jerſey, and of a 100 l. given him for his journey, and of Letters to the Queen, and Jermine, and Percy. My Lord, J am as ignorant of all theſe things, as the childe unborn, and did never know that Titus was gone or ſent to Jerſey, by any perſon, till a long time after J heard he was there, and till J heard of his name in the Diurnals, That he was an Agent for ſome Presbyterians; till then, God is my Record, J knew nothing of that; and J need not ſpeak to this, but becauſe this was part of my Charge, and brought in to the Court▪ many may imagine, as if J were guilty upon the whole matter; but that which concerns me, is this. He affirms that the Commiſſion and Inſtructions were agreed upon, at my Houſe, to ſend to ſome perſons; To wit, My Lord Willoughby of Parham, Maſſey, Titus, and Alderman Bunce, to Treat at Bredah; and this to be in the behalf of the Presbyterian Party.

p. 60Now Sir, I ſhall humbly crave leave to offer, wherein this Teſtimony is not onelyonly diſagreeing with the Teſtimony of others of the Witneſſes, but even to his own Teſtimony alſo: For here he ſays, it was agreed upon at Maſter Loves houſe, and in three leaves after, he ſays, It is true, there was a Commiſſion and Inſtructions read at Mr. Loves houſe; but whether they were agreed upon there or no, ſaith he, I know not: I do not ſay, he hath a bad conſcience, but ſure I am, he hath a bad memory. He diſagrees with the witneſſes alſo; for Far did expreſly affirm upon Oath, That all the company was againſt ſending them away; and therefore, for Alford to ſay it was agreed upon among us, in that I am ſure he doth not ſpeak truly. Another thing which Alford layes to my charge, is about a Letter, which after Dunbar fight ſhould come from Maſſey, wherein he ſhould write for Money, and for Arms, by the way of Holland; and he ſwears, this Letter was read in my houſe, and ſays, That upon the reading of it, I did move for the contribution of Money to be raiſed for the ſupply of Titus. Now before I anſwer to that, though I am not in a condition to retort, yet I ſhall humbly crave leave without offence to Mr. Attorney General, to intreat the Court to take notice of this one thing: Maſter Attorney General, when the witneſs had ſpake theſe words, did pray your Lordſhip and the Court to obſerve, That Maſſey wrote for Arms, and Mr. Love moved for Money; as if he would inſinuate to the Court, that he writing for Arms, and I moving for Money, that my moving for Money was to buy Arms: Now Alford upon oath did declare, That every man there was againſt Arms, and he onelyonly ſaid, That the motion for Money, was to ſupply the Perſonal neceſſities of Maſſey and Titus, who were in want: So that I intreat you to conſider it, that that Inſinuation of Mr. Attorney General, might not be aggravated againſt mee, and that a bad inference might not be drawn from it, as if hee writing for Arms, and I moving for Money, That that Money ſhould be to buy Arms; which is contrary to Major Alfords Oath. Againe, another inſinuation of M Atturney General is this, He prayed your Lordſhip and the Court, to conſider, That I moved for three hundred pounds. Now this is contrary to Alfords oath; for Alford hath theſe words, Mr. Love did move for the contribution of money, but there was no ſumm ſpoken of. Now when he ſhall affirm, that there was onelyonly a motion for money, but no ſum ſpoken of; Shall this be laid to my charge, as if I moved for 300 l.? Therefore I intreat you, that thoſe Inſinuations and Aggravations of Mr. Attorney General may not be laid upon me; and that ye would take no notice of any private Examinations, nor yet of any Aggravations of thoſe who are inſtruments of State; but upon the plain depoſition of the Witneſſes, and according to their teſtimony and your conſciences, I muſt ſtand or fall. Alford ſaid further, That after he came from Titus, he gave an account of a Narrative, and of a Copy of a Letter from the King of Scots; what he might bring, I know not; and if he did, I never deſired him, either to go to Calice, or to come to my houſe: For I never ſpake with him (as I remember) till after he came from Calice, nor till the time, he ſays, the Letter and Narrative was read in my houſe: Now Sir, he onelyonly ſays it was a Copy of a Letter (not the original). That Titus (ſaith he) did ſhow me a Copy of a Letter, at leaſtwiſe, which he ſaid was from the King to the Presbyterian Party. So that this which is the Foundation of the reſt of the teſtimony, is onelyonly this, That the Copy of the Letter was read at my houſe, and that it was a Copy of the Kings Letter: This he affirms onelyonly, upon hear-ſay, for he ſays, Titus told him ſo; But who can ſwear, either that Titus had the original Letter, or that this was a true copy; nay, might it not be a fictitious thing, either of Titus or of this man, as may well be ſuſpected: So that they that receive Letters, if that be Treaſon, and thoſe that write Letters, and ſend money, if they be Traytors; yet they have proved none of theſe againſt me, and yet I onelyonly am Araigned, and they in hope of Favor.

Again, I deſire the Court to take notice, though Captain Far ſays there was this Clauſe in the copy of the Letter from the King, To ſend Commiſſioners to Bredah; (and yet he overthrew his oath afterwards: For ſays he, It is ſo long ago, that I cannot remember it; but I ſhall ſpeak to that when I come to it:) Yet Alford that brought this Letter, affirms, That he did not know it was to deſire Commiſſioners to be ſent; and if it had been ſo, I ſhould never have done it, and never did it: At that time I was in my Study, J do not deny it, but when Drake read the Commiſſion, J did declare my diſlike of it, and deteſtation againſt it; and ſo did (as Fa… affirmed) either moſt or all the company: And if any ſuch thing were ſent, God is my Record, J did neither know of the writing of it, (other then in Characters) nor of the contriving of it, nor yet of the ſending it away, till J heard Alford confeſs in the Court, that he carried this Commiſſion to Graveſend to one Maſon, a man whoſe name J never heard of, before J was in trouble: and if J had written and conſented to it, yet it was in the year, One thouſand ſix hundred forty and nine, as Major Huntington ſwore; and therefore p. 61was before the time that your Act could take hold of me, if J had concurred to it, which J never did. Again he inſiſteth upon it, that I moved for a contribution. Now herein, I beſeech your Lordſhip, that I may offer theſe two things.

Firſt, This is but the ſingle Teſtimony of one man, and by the Law of God, and of the Land, a man muſt not die, but under the teſtimony of two or three witneſſes, in the Old Teſtament, Deut. 9. and 15. One witneſs ſhall not riſe up againſt a man for any iniquity, or for any ſin in any ſin that he ſinneth: At the mouth of two witneſſes, or at the mouth of three witneſſes, ſhall the matter be eſtabliſhed. And leaſt this might be thought to be a Judicial Law, pertaining onelyonly to the Jewiſh State; it is therefore quoted four times in the New Teſtament; by Chriſt, in Matth. 18. by Paul, in 2 Cor. 13. and in two other places; as noting it to be a Law of Moral equity, That no mans life ſhould be taken away, but by expreſs and clear Teſtimony of two ſufficient witneſſes. Now in this that may ſeem moſt to pinch upon me, that I ſhould move for Money, there is but one witneſs; and it is, as I am informed, contrary to the Laws of the Land, and the Statute of the firſt of Edward the ſixth, which provideth, That no man ſhall be Indited, Araigned, and Convicted for Treaſon, but by two lawful and ſufficient witneſſes; and therefore I beſeech your Lordſhip, and the Court, That you would be tender in thoſe things, wherein you finde but one witneſs ſpeaking.

The other thing which I ſhall ſay to this point, about moving for Money, is, That I humbly conceive the Act doth forbid relieving perſons in Arms: but now no perſon can be relieved by a bare motion; it is not the motion, but the having the Money moved for, before the perſon in Arms can be ſaid to be relieved; and if it were true, yet it is not proved, That thoſe perſons were then in Arms: The other Act of the ſecond of Auguſt, I conceive, gives me relief if I had moved for Money; For it judges thoſe onelyonly to be guilty of Treaſon, That ſhall either ſend or cauſe to be ſent, Money, Horſe, Arms, and Ammunition into Scotland. Now Sir, if I had in a meeting moved for Money, yet he tells you not for how much I moved for, for ought he knows it might be but for ſix pence, for he cannot ſwear to it; and I hope, when the ſum is not ſpoken off, you will be very tender. Yet this comes not under your Act, either to be a ſending of Money into Scotland, or a cauſing of it to be ſent, which is not in the leaſt faſtned upon me: When I askt him (though he ſwore I moved for Money) whether I contributed any Money my ſelf, to that he anſwered, He could not ſay I did; nor could any of the eight witneſſes that came in againſt me. And thus I have done as to his Teſtimony.

The third Witneſs is Major Huntington, and he affirms, That in the year One thouſand ſix hundred forty and nine, one askt him to go to my houſe, and told him there was ſome there at Prayer, and that he might there hear ſome news; and that he ſpake upon hear-ſay: but then he ſpake upon oath, And when I came there, Prayer was done. Now for a man to be ſo poſitive in the firſt entrance of his Teſtimony, as to ſay Prayer was done, when he could not know that there was any Prayer there at all, (for when he came, it ſeems there was no Prayer, and how then could he know there was any Prayer there at that time?) This at the very firſt entrance of his evidence, I ſuppoſe might be a juſt ground to ſuſpect his whole Teſtimony; but as for the man, I knew him not, I never ſaw him, as I ſaid, before that time, nor ſince, till I ſaw him here in Court. This man affirms, That William Drake read in Characters, that which he called a Commiſſion, and ſaid, That he had command from the King, to ſend this Commiſſion away, which God is my Record, I never heard, nor ever knew of it; and Alford that brought over the Letter, in which Far ſwore thoſe words were, he himſelf denies it. But that which concerns me in Huntingtons Teſtimony, is this, He affirms, that when the Commiſſion was read by Drake, I ſhould ſay, Come, come, let it goe. Now Sir, I askt him this Queſtion, Let it go, what doth that refer to? ſays Huntington, Let the Papers go. Now truly, I am not ſo bad a Grammarian, as to ſpeak of Papers, let it go, and not to ſay, let them go. And if I had ſpoke of Papers, as he ſays I did, I muſt either be guilty of non-ſenſe, or elſe he of falſhood, I believe he of both. But as for thoſe words, Come, come, let it goe; he doth not affirm, that I ſaid, Come, let it go away, but let it go, and that may be a word of diſlike: And if I did ſay ſo, yet it was not of the Commiſſion, God is my Record, for he came not till nine of the clock at night, as himſelf ſays; and before he came, I had declared my ſelf againſt ſending away the Commiſſion and Inſtructions, as being an act of two high a nature for private men, and of notorious falſhood, to ſay it was in the name of the Presbyterian Party, when it was not: And the other men that were here in Court upon oath, and that were then preſent, as Adams and Alford, did confeſs upon Examination, That they heard no ſuch words from me.

p. 62The next teſtimony is Maſter Adams, and he relates a ſtory of a correſpondency between William Drake, and one Maſon, and being ask'd, Was Maſter Love privy to this correſpondency? he did ſo far clear me, that he could not ſay it, nor was I privy to it. Being ask'd again, Was Maſter Love privy to theſe letters of ſending moderate propoſitions to the King? that he likewiſe cleares me in, he cannot ſay it. And I can ſay, that I am ſo far from moderation in their ſenſe, that moderation▪ …n their ſenſe I deem downright Malignity, which I was, and ſtill am utterly againſt. He was aſked likewiſe, did Maſter Love know of collecting a hundred pound for Titus? To that he anſwered, that he durſt not upon oath ſay that M. Love was privy to this collection, and he doth not ſay that it was agreed in my houſe, to ſend away the commiſſion, but ſays, it was moved in my houſe: for ſayes he, I cannot ſay it was agreed upon, for there was no vote paſt. Theſe were his words, and he contradicts Alford and Farr in three places of his teſtimony. He overthrows Alfords depoſition. He affirms, that the copy of the letter from the King, was to ſhew what great affection he bare to the miniſtry of England, and promiſed great favour when he was in a condition to do it, and deſired them to ſtand ſtedfaſt in the way they were in: and he ſaith, he dare not ſwear that this letter was read in my houſe, but he thinks it was. Now as to this letter likewiſe, J deſire the ſame favour from you, That when the letter doth not appear, neither the Originall, nor the individuall copy, that you would be tender of paſſing any judgment upon me, upon the vaine rovings of a mans memory; and of a mans memory too, that is ingaged to proſecute my life, to ſave his own, as moſt of the witneſſes that came in againſt me are. He ſaith, there was a motion made in my houſe, That a commiſsion and inſtructions ſhould be drawn up to ſend to my Lord Willoughby of Parham, and the reſt in Holland, but ſayes he, by whom I cannot ſay; and ſays he, there was no debate, as I remember, to mend the inſtructions; though the Atturny Generall did lay it upon me, as if I had corrected and amended them, when J did neither read them, no nor ſo much as touch them in my life. The ſubſtance of the commiſsion he tells you was to Authorize the Lord Willoughby of Parham, Maſſey, Graves and others, to aſsiſt their Brethren of the Scotiſh Nation in their Treaty: Now to this there is a manifeſt contradiction in another mans teſtimony. For C. Farr ſwears, that the commiſsion he ſpeaks of was not to treat, but only as private perſons to adviſe that the King might agree with the Scots, upon the intereſt of Religion and the Terms of the Covenant, That he might not be drawn away by the high flown Cavaliers, and Malignants, ſo that Far overthrows this teſtimony of Adams: Adams ſays it was to treate, and Farr ſays, it was not to treate but to adviſe: but be it the one, or be it the other, J deteſt both, J had no hand in, and gave no aſſent unto it, but manifeſted my diſſent to the whole. He being likewiſe askt (for J am ſtill upon Adams his teſtimony) whether at a meeting it vvas not propounded at my houſe to vvrite to the Queen, and to Jermin, and Percy, to mediate vvith the King to agree with the Scots. To this he anſvvered no, and truly he might very vvel anſwer ſo, for J am ſure J did never in all my life hear of a motion ſo much as of a letter to be writ to any of theſe three perſons, to the Queen, Percy or Jermin; and ſhould have loathed and abhorred the very thought of it; and ſhould think that cauſe the worſe, wherein theſe perſons were ingaged; being ask'd whether there was not a letter from Percy, that writ for mony to be ſent to the King, and whether the anſwer given was, that they ſhould ſtay till the King and Scots were agreed, and then to ſend mony: Adams in this did me this right, He confeſt, he ſaw ſuch a letter writ, but (ſays he) I only ſaw it in the hands of one Maſon, a man who for my part, I never knew, nor heard of till I was in trouble: and being ask'd whether this letter from Piercy, was read in Maſter Loves houſe, he ſaid, certainly no. Being again ask'd whether about Auguſt there was not a letter written from Maſſey, wherein he ſaid he had back friends in Scotland, and complained that he was not promoted there, and whether that letter was communicated at Maſter Loves houſe; In this alſo he did me right, for he anſwered, No certainly, that Letter was not, to the beſt of my remembrance, read there; I heard of ſuch a letter, but ſaw it not. Then being asked whether one Sterks was not a Scotch Agent, and whether he did not uſe to come to my houſe? to which he gives this anſwer: We took him to be a Scotch Agent, and he met ſometimes at Maſter Loves houſe: Now Sir, as to that, he ſuppoſeth that he was an Agent, but doth not ſwear that he was ſo, much leſſe that I knew him to be ſo. Nay, I can ſwear upon the beſt information I have had both from his own mouth, and the mouths of others, that he was no Agent, for he lived in England fourteen years, and had not been in Scotland in fourteen years.

And I heard himſelfe ſay ſo, when he went away upon the Act; and I asked him, Are you imployed by the Church or State of Scotland? and he told me no, he was not: it is in your breaſts whether you wil believe me or no: and likewiſe M. Blare when he was here in London, did affirm to me, p. 63that he was a poor honeſt man, and that he was no way imployed as an inſtrument of State. I know nothing of the mans Agency, be he Agent or not, I never ſent letter or meſſage by him, nor received any from him in all my life; but I ſee it is laid heavy upon me in my charge, that I contributed mony to him: but no man in his depoſitions did prove that I ever gave him a penny. Adams being ask'd, whether Maſter Love did not write down the ſums of mony that was to be contributed to Maſſey; In this he doth me right alſo, for he ſaith, Maſter Love had paper in his hand, but I did not ſee what he wrote, and therefore to that I need not anſwer; being further ask'd, Did not Maſter Love put the firſt letter of their names before the ſums which others wrote, he anſwered, he could not ſay ſo. Being ask'd further, Was there not a letter pend by Maſter Love and Doctor Drake, this anſwer hee gives, There was a letter, but (ſays he) I cannot deliver it upon my oath that it was pennd by them, but I thought it was ſo. He could not tell to whom this letter was directed, but ſaid, it was declared to be directed to the Generall Aſſembly of Scotland: Now as I obſerved in the beginning, this is only the ſingle teſtimony of one man, and indeed it was the firſt Queſtion (as I remember) that was ask'd me, that was of moment, when I was examined by the Committee, Whether I did not penn this letter? I did declare to them in the preſence of God, that I neither pend that nor any other to any perſon of the Scotiſh nation ſince the wars began, and this I declare in the preſence of the ſame God, ſtill to be a truth. Being ask'd further, Was Maſter Love preſent at ſometime of this meeting? he anſwered, I was, and the reaſon why he thought that we might pen it, was becauſe of the language of it. M. Atturn. Gen upon this (I remember) uſes this expreſsion, My Lord, this is very high, after we were ingaged in blood, that a letter ſhould be ſent. But to this I ſay, there is only a ſingle teſtimony, that ſuch a letter was writ, and whether it was ſent or no, he doth not prove, nor doth he prove that I writ it; and I declare to you, that I never writ it: as touching this letter, which M. Att. Gen. is pleaſed to inſiſt upon ſo much, Adams, being ask'd whether it was agreed upon that this letter ſhould be ſent? he gave this anſwer, It was after the ſame manner that other things were agreed upon: but there was no vote paſt, and therfore he cannot prove my particular and expreſſe aſſent to the ſending of the letter, or any other letter whatſoever; and here to take off the Jealouſie of a correſpondency; which in the cloſe, through the Grace of God I ſhall clear to you; but to take it off now a little before I come to it: if there had been a correſpondency maintained, would it have been imaginable, that from the time of the fight at Dunbar, which I think is ten months ſince, to this time, That there ſhould be no letter that any man can ſay, nor that I did certainly know of, that either was written or conveyed, or debated upon to be written, from that time to this very day, to any of the Scotiſh nation; and yet all this tends to aggravate matters againſt me, and all the burden is laid upon my weak ſhoulders. Other men that have heavy loades, have laid them upon my back to lighten them from off themſelves. Touching this letter, he ſaith, this was the ſubſtance of it, or it was to this effect, or purpoſe; and again I inſiſt upon it to beſeech your Lordſhip and the Court, to take heed what you do. It concerns you more th…n me, it concerns my life only; But it concerns your honors, and lives, and ſouls and all, That upon an uncertain evidence you do not ſpill a mans blood. The man never read the letter, only he heard it read; and then he brings in to that and other letters, This is the ſumm of it, or it was to this effect. And though this man hath done me injury in ſome particulars, yet in others he hath done me right. For being ask'd, Did Maſter Love write letters, or receive any, or mend thoſe inſtructions, he only ſwears, he ſaw the letters, but cannot ſay I did read them; Being ask'd whether I did give my conſent to the ſending away of that letter after Dunbar fight, which is ſo much inſiſted upon, and ſo greatly aggravated, he did thus farr right me; He ſaid, I will not ſwear he did give his conſent; being ask'd whether I was a correſpondent, he ſaid, he took me to be a correſpondent, and upon theſe words I had leave to ask him this Queſtion: Whether he knew J was a correſpondent? To this he ſaid, that Letters were heard by me, but ſaid he, J cannot ſwear that he was a correſpondent, J did conceive Maſter Love to be a correſpondent, but J did not ſay ſo, and J dare not ſwear that he was a correſpondent. So that herein likewiſe there is nothing but his humbly conceivings and his ſuppoſitions, according to which J hope you will not paſſe any cenſure upon me; and thus J have done with Adams teſtimony.

The fifth teſtimony is that of Jaquel, which I do here again in Court except againſt, as no Legall witneſſe, for he did declare he could not in conſcience take an oath againſt me. He did well nigh half an hour declare he could not ſwear, but that he would make a Narrative or relation of what was true I did intreat your Lordſhips leave to put it to him whether he was under an oath or no, and he ſaid twice p. 64at leaſt, J am as good as under an oath: if any perſon good or bad come under an oath, J muſt ſtand or fall by his teſtimony, and according to Gods Ordinance, an Oath is to decide all controverſies: But the man declared, He was not under an Oath; and went out of the Court, and was fined five hundred pound; and when afterwards he was called into the Court again, he did onelyonly put his hand upon his Buttons on his Breſt: So that this was not any taking of an Oath; but fearing his Fine▪ he did it, though with much ſeeming regret of Conſcience; and I am informed this day, that he denies, that he was under an Oath: And if ſo, Then I have nothing to ſay to his Teſtimony, and ſo ſhall not ſpeak to it, but onelyonly as to a bare Relation, and naked Information. There is nothing that doth concern me in his Teſtimony, but onelyonly a concurrence with Potter; Potter and he coming to my houſe, with ſome Letters (as he ſaith) One from Bamfield, another from Argyle, Louden, and Louthian, and Belcarris; and another from one Maſter Batly, if I remember right. Now Sir, as to theſe Letters, I do not deny, but that they brought them to my houſe; nay, I do acknowledge thoſe two men did bring thoſe Letters to my houſe, at leaſtwiſe, which they ſaid were ſuch; but whether they were the Originals, or Copies, I know not; for I never read nor kept the Letters, but they carried away the Letters with them; and Captain Potter ſaid, Maſter Love, I have news to ſhew you, at that very time when Mr. Jaquel and he came to ſhow them at my houſe. This Witneſs, I cannot call him ſo, but this Informer ſaith, That being askt what was done upon the hearing of thoſe Letters, he ſaid, Potter read the Letters; but that there was no Agreement upon it, but an utter diſlike in all that heard them, about the Contents of them: And he hath theſe words further, It was, ſays he, a trouble, I am confident, to them that heard and read the matter of thoſe Letters; but being askt, Did Maſter Love agree to the giving of Forty pound to Bamfield, and his man? To that Queſtion he anſwers thus; he ſaid, There was no Agreement, but it was thought convenient by all. Upon this, I craved leave of your Lordſhip to ask him this Queſtion, How he knew my thoughts, that I thought it convenient; to which, he gave this anſwer, I cannot ſay any thing, that Maſter Love did ſay, it was convenient. So that therein, though he might preſume upon a mans thoughts to know them, yet he muſt onelyonly judge my thoughts by my words, as the tongue and heart agrees; for he is not a god: but he doth not ſay, That I ſaid it was convenient; nor did either of them prove that ever I gave a peny, either to Bamfield or his man.

The laſt Witneſs that came in againſt me, is Captain Far; and indeed, I do not know what to make of his Teſtimony, I will not call it a prompting, that will be thought too bad a word; but certainly it was ſuch a Teſtimony, that I never heard produced in any Court in my life. For Maſter Attorney General, and ſome others here, did ask him Ninety eight Queſtions; ſo that the man ſpake nothing deliberately, but ſpake by reading out of his private Examinations, which is extrajudicial to be brought in Court where the witneſſes are to ſpeak Vivâ voce. There was, I ſay, ſo many Queſtions (beſides thoſe I had leave to ask him) propounded to him, during the time he was upon his Oath; And the man was of a dull ſpirit, and ſlow of ſpeech, and I did perceive him to be ſo poſſeſt with fear, that he knew not what he ſaid; for he hath manifeſt contradictions in his Teſtimony, which I believe all the Court will ſee, and therein concur with me, when they come to hear them. The firſt word I heard him ſay in Court, was this, To deſire the benefit of his Papers; it ſeems he did ſuſpect the badneſs of his memory, that he muſt have his Papers to help him (and Papers written by another) before he would be depoſed in Court againſt me for my life.

Being askt, whether upon the ending of the Treaty at Jerſey, there was not a Letter came from Titus, to deſire ſome body to come unto Callis? and whether that Letter was read at any houſe? and whether at my houſe Alford was deſired to go? He affirms, he was (which none elſe did) and which is a moſt notorious falſhood. I have no rancor in my heart againſt him, the Lord knows I have prayed for all thoſe that perſecute me; and my heart cleaves to them in love and pity: I do not tax the badneſs of his conſcience, I think he dares not be ſo vile, but I do tax his memory in things done ſo long ago: And afterwards he ſays, He could not remember ought (though he did pretend to remember) becauſe they were done ſo long ago: yet before he did affirm them Now to demonſtrate this that he ſays in this Clauſe to be falſe, That Alford was deſired in my houſe to go, Alford himſelf ſays he was never at my houſe, till he came from Callis, which is certainly true; and therefore Alford could not at my houſe be deſired to go to Callis; when there was an account given of Alfords return from Callis, then I know he was there, though I never ſpake with him before that time, as I remember; nor was he ever within my doors till after his return: But ſays Far, I cannot ſay Maſter Love was preſent, while Alfords return was there read, for ſometimes he was abſent.

p. 65Then further being ask'd what was the ſubſtance of that copie of the Letter from the King that Alford brought from Titus? he anſwered, that the ſum of it was this, That the King of Scots did declare he would give ſatisfaction to the Scots; and in order thereunto he deſired Commiſſioners to be ſent over to Breda; Theſe are the words of his teſtimony. Now Sir, this is but the ſingle teſtimony of one man, and it is contrary to the teſtimony of that very man that brought over this letter: and if any man knew the ſubſtance of the copy of the letter pretended to be from the King, it muſt be Alford that brought it over. Certainly, none could know it better then he, and therfore for this man to be ſo ſtrangely beſides himſelf, and to forget himſelf, ſo as to ſay, This is the ſumm of the letter, when he that brought it ſaith the contrary, and did not know that this was the ſum of it: this may ſeem ſtrange, and J hope you wil judg of the weakneſs of this teſtimony. Being ask'd whether he did not conceive this to be the copie of the Kings letter? he did me right in that, for he ſaid, he could not tell whether it was the copy; but that Alford told him, he brought over a copy of the Kings letter. And Mr. At. Gen. was pleaſed to aggravate this of Cap. Far againſt me: Sayes he, the King ſent over for Commiſſioners to treat, and accordingly at Mr. Loves houſe it was agreed upon that Commiſſioners ſhould be ſent, and there were perſons named. To this J ſay, that, God is my record, I never in all my life heard (as J remember) of any letter from the King to that end, that Commiſſioners ſhould be ſent over. And Far doth me right herein; for in anſwer to that queſtion, Was your Commiſſioners agreed upon? he three times anſwers negatively. J do not perceive that he remembers himſelf ſo well in all his teſtimony, as in that particular. Being as'kd whether the Commiſſion was agreed upon, he ſaid it was not agreed upon by the company; and herein he did me more right then any man, for he gave my reaſon; for (ſays he) the reaſon given was, becauſe private perſons could not give a commiſſion. And though he hath done me more wrong then any man, yet herein he hath done me more right then any man. Being further ask'd, Was it not debated to ſend a Commiſſion over? Drake, he ſaid, read a paper in the nature of a Commiſſion; but it was not agreed upon by the company, becauſe private perſons could do no ſuch thing. And a third time he ſayes, The Commiſſion and Inſtructions were read in a company at Mr. Loves houſe; (that he affirms, and that J do not deny) but not agreed upon. And further he ſaid, he did conceive, to the beſt of his remembrance, it was in the name of the Presbyterian party of England; but (ſays he) I cannot poſitively ſay it was ſo, for I did but only hear it read. Then your Lordſhip askd him this queſtion, Did you ſay, that the Commiſſion was not agreed upon, but that the Inſtructions were? To this Cap. Far ſaid, that Will. Drake undertook to draw up the Commiſſion and Jnſtructions; but yet, ſays he, I cannot ſay, that they were either drawn up or ſent. Again, he ſays further (and herein hee doth me more right then Adams or Alford doth) Adams, he ſayes it was not agreed upon; yet he ſaith thus, There was a Commiſſion read for to treat, and ſo ſayes Alford; But this man ſayes directly, that this ſuppoſed commiſſion was not to treat in the behalf of the Presbiterian party. And it had been a folly for private men to aſſume ſuch a vain title to themſelves: ſo that he ſays directly, upon your Lordſhips queſtion to him, that it was not to treat, but to adviſe the Scotch commiſſioners, and the Miniſters eſpecially, to agree with the King upon the intereſt of Religion and terms of the covenant: but being ask'd, Was it not in the behalf of the Presbyterian party. He anſwered no, Being further askt: Was there not an agreement at M. Loves houſe for a letter to be ſent to the Queen? Herein alſo this man doth me right: he ſaid no my Lord; & yet he contradicts himſelf likewiſe, for being askt in the next queſtion, what was the ſubſtance of that letter to the Queen? he anſwered the ſubſtance of the letter to the Queen was, that ſhe ſhould perſwade the King to give ſatisfaction to the Scots in their juſt demands: now either he muſt hear of this letter ſomwhere elſe, or elſe frame a fixion to himſelf, that this was the matter of the letter, when there was no ſuch letter in rerum natura; The next thing he charges me with is, that I ſhould ſay it was agreed that mony ſhould bee raiſed for Maſſy & Titus ▪ & he names the ſum, he thinks 250 or 300l. And that I therupon ſhould particularly move him with this queſtion, C. Far, What wil you do? Now I beſeech your Lordſhip & the Court to conſider, that he doth not ſwear that I ſaid, we were agreed; but it was agreed; & that might be the act of other men, & not mine: and in an other place, he ſaid they agreed; but he doth not ſay, That J ſaid, Wee agreed; to include my ſelfe; but to that, that J ſhould move him and ſay, C.F. What wil you do? Truly this is but a generall queſtion, and he himſelf did me thus far right; When I had leave from the Court to propound this Queſtion to him, Captain Far, Did I move you, or ſay to you, What mony will you give for Maſſey or Titus? He anſwered, he did conceive it was for that uſe; So that he proves not againſt me, that I moved for money for Maſſey or Titus; but onelyonly that I ſhould ſay, Captain Far, What will you do? and if you obſerve the words of the teſtimonie, they are theſe exactly. He tels you that he brought five pounds; for there is all that ever I am charged with: I am not charged p. 66with lending a penny, but onelyonly that fifteen pounds was brought to my houſe; ten pounds by Potter, and five pounds by this man: And he affirms that he left this five pounds at my houſe; and herein I perceive a contradiction in the man, and therefore it is hard to determine when he ſpeaks true, or when he ſpeaks falſe: Theſe are his very words; Mr. Love (ſayes he) ask'd me what I would do? And I did lay down five pounds upon Mr. Loves Table when ſeverall perſons were in the room. And being asked, Did Mr Love receive this money? he ſaid he could not tell; but was loth to tell, who he thought received it; but in his laſt word ſave one that he ſpake in Court (which made much for my advantage) he ſaid, he thought I did not receive it; and God is my record, I did not: but he ſaid, another man did, and named Captain Maſſey. But the contradiction I obſerve is this; He tels you, he laid down five pounds when ſeverall perſons were in the room: and in the next queſtion but one, being ask'd, Was Mr. Love in the room? Yes, My Lord, ſayes he; but I cannot ſay any body elſe was there. So that therein the man evidently contradicts himſelf: and it appears he was under a very great fear, and even confounded by the many queſtions propounded to him. I ask'd him further, Did I bid you lay it down? Sayes he, I cannot ſay that you bid me lay down the money. Being ask'd, Was this way of laying down of money to prevent diſcovery? He ſaid, he did it under that notion: But being ask'd by me, Did I bid you lay it down under that notion? He anſwered, he would not ſay I did. So that I neither directly nor indirectly did bid him bring money to my houſe, or lay it down when it was brought there; but other perſons were in the room, and he conceives what perſon took it away: therefore I beſeech you make a candid and fair interpretation of what▪ I have ſaid or done.

Being ask'd about the copie of the Kings letter, that Alford ſayes he brought over from Titus, whether I was in the room whileſt it was read? he ſaid, I cannot ſay that he was there when▪ it was read: but he was there during ſome part of the communication; but ſayes he, I cannot ſay he was there at the reading of the Letter, Nor can I ſay he was preſent whileſt the Narrative was read. He obſerved I was often called away, and was abſent; and ſayes hee, I cannot ſay there was any ſuch thing done by Mr. Love. And I ask'd him this queſtion, Did I ſend, or agree to ſend Major Alford to Calice? Hee anſwers, he thinks I did not; and herein he falſifieth his former Teſtimony; for he ſaid Major Alford was deſired in my houſe to go to Calice: And yet Alford ſwore he never was in my houſe till after he came from thence. But herein he doth me right too (though with contradiction to himſelf.) He ſaid, it was agreed at my houſe that Alford ſhould go; and yet now he ſayes he thinks I did not agree to the ſending of Alford.

Being asked further, Whether did I give conſent to the ſending away the Commiſſion? he anſwered, I cannot ſay Mr. Love was there when it was ſent away. And truly I may ſay, who brought it away, or who drew it up, and what was done in it, I cannot tell; there might be a thouſand Treaſons in it for ought I know; for I did neither own the reading of it, nor the ſending of it; but did utterly proteſt againſt both. Being again ask'd, whether J agreed to the ſending of it away? he anſwered, It was agreed upon by all, That we could not ſend the Commiſſion away. When J ask'd him, Did J ſay to you, Captain Far, Will you contribute five pounds for Maſſey and Titus? he gave this anſwer; (ſays he) You ask'd me what I would do? ſo that I conceived it was for Maſſey and Titus: And …e affirms, he laid this five pounds down in my houſe; but did not ſay that J received it; and in the preſence of God J ſpeak it, J never ſaw it nor, received it in all my life.

And thus with much acknowledgment, and bleſſing God, and thanking your Lordſhip and the Court, you have given mee leave to take a brief ſurvey through the Depoſitions of the Witneſſes, though they have been very large, and the Charge againſt me very high.

Now having ſpoken to the Depoſitions (before I ſhall crave leave to ſpeak ſomething concerning my ſelf, and make humble Propoſals to this Court) I ſhall add but one word, and it is this: I was loath, before I ſaw Witneſſes face to face, to confeſſe any thing: I deem'd it againſt nature for any to confeſſe againſt himſelf, unleſſe he could be ſure his confeſſion ſhould not prejudice him; and I might have been guilty of my own bloud, if I had confeſſed: for then, did the matter confeſs'd amount to Treaſon by your Law, my life would be at your mercy, and you might hang mee upon mine own confeſſion: and upon that ground I went reſolved to the Committee, and through the grace of God I reſolved not there confeſſe a word nor tittle, till I heard what proof was brought in againſt me. And now I do ingenuouſly acknowledg. That there were ſeverall Meetings at my houſe, That theſe perſons met there, and that this Commiſſion was read there: but I did utterly diſlike it, and diſſent from it. p. 67And that I was preſent at the reading of Letters, either at the beginning, or end, or ſome part of them, I do acknowledg: And this I ſay, that I was ignorant of the danger that now I ſee I am in. The Act of the ſecond of Auguſt 1650, doth make it Treaſon to hold any correſpondencie, or to ſend Letters, though but in a way of commerce, into Scotland; let the matter of them be what it will be: Now herein my Councel acquaints me with my danger, that I being ſometimes preſent when Letters were read in my houſe, am guilty of a concealment: and as to that I do humbly lay my ſelf at your feet and merciemercy. But as to Treaſon, I do not know any perſonall act of mine proved againſt me, that brings me under any Act of yours. And thus having briefly ſpoken concerning the Charge in generall, and concerning my accuſers▪ and having briefly ſurveyed their Teſtimony, I ſhall humbly crave leave to ſpeak ſomething concerning my ſelf, and I ſhall be very brief in it.

Concerning my ſelf, it is needfull I ſhould ſpeak a word: I would not ſtand under miſrepreſentations, to ſeem to be what I am not. I am preſented unto ſome, as if I were a Malignant, an Apoſtate from my firſt principles, a mover of ſedition; and what not but what I am? Wherefore I am conſtrained to ſpeak a word in my own vindication; and I ſhall make the Apoſtles apologie, I am become a fool in glorying: but ye have compelled me. I count it never lawfull for a mans own mouth to praiſe him, till another mans mouth accuſes him; and then he may without vanity be his own vindicator. What I ſhall ſay of my ſelf, the Lord knows it is not voluntarily, out of an affected oſtentation, but by compulſion, for a neceſſary and cleer manifeſtation of my Principles and Practices now ſuſpected. As touching Malignity, I hate both Name and Thing: and, as Cardinal Farneſus ſaid of himſelf profanely, That if he knew any part of him infected with Lutheraniſm, he would cut it off, and caſt it into the fire: That I can ſay truly, That if I knew any part of mee infected with Malignity, I would cut it off with the pruning hook of mortification, and by an ingenuous retractation before you all this day. God is my witneſſe, I never drove a Malignant Deſigne, I never carried on a Malignant intereſt, I deteſt both; I ſtill retain my old Covenanting principles, from which through the grace of God I will never depart for any terrour or perſwaſion whatſoever. When I look upon all the Vows, and Covenants, and Declarations, and Proteſtations of both Houſes of Parliament, I do finde a ſutableneſſe between my judgment and them, and am not conſcious to my ſelfe of any thing that I have done in oppoſition or contradiction thereunto: And therefore J may ſay as Jeremy did when he was accuſed in the like caſe, of making defection to a contrary party, Jerem. 37.13, 14. Irijah ſaid to Jeremiah, Thou falleſt away to the Caldeans: Then ſaid Jeremiah, It is falſe, I fall not away to the Caldeans. So, if it be charged upon mee, that J am fallen from my firſt Principles, or that J am fallen to Malignity; J ſay to any that ſhall ſo accuſe me, Jt is falſe, J fall not away to Malignitie, J do retain as great a keenneſs, and ſhall whileſt J live, and as ſtrong an oppoſition againſt a Malignant intereſt, whether in Scotland, or in England, or in any part of the world, againſt the Nation where J live, and have to this day, as ever J did in former times. J am no Jncendiary or evill Jnſtrument, to divide the Nations one from another. God knows, the grief of my heart hath been for the diviſions, and the deſire of my ſoul hath been for the union of both the Nations: and if J had as many lives as J have hairs on my head, or as much bloud in my veins as there is water in the ſea, J could count it all well ſpent to quench the burning that our ſins have kindled between the two Nations. J have all along engaged my eſtate and life in the Parliaments Quarrel againſt the Forces raiſed by the King: My appearing in their cauſe was not from any aim at profit, but out of a perſwaſion of conſcience, and ſenſe of duty. J may ſpeak it as Paul doth it of himſelf, I was in labours more then they all. J ſpeak it without vanity, J was, according to my obſcure ſtation and mean condition, in doing and giving in the Parliaments Quarrell, more then many. Many gave out of their abundance, but J out of my want: and as Chriſt ſpake to the widow who gave two mites, that ſhe gave more then they all; for ſhe gave all that ſhe had, even all her living: So did J; though J gave my mite, yet J gave my all: And J did not only deem it my duty to preach for the lawfulneſſe of a Defenſive war, but, unleſſe my Books and wearing apparel, J contributed all that J had in the world; and that was no ſmall ſumm, conſidering the meanneſſe of my condition. And J have at this day a great ſumm due to mee from the State, which is ſtill kept from me, and now my life endeavoured to be taken from mee. And yet for all this, J repent not of what J have done; though J could from my ſoul wiſh, That the ends of that juſt VVar had been better accompliſhed: then ſhould we have been happy and united among our ſelves, and honoured among the Nations round about us, J am ſo far (J ſay) from repenting of what J have done, both by doing p. 68and contributing, and ſuffering in the Parliaments Quarrell. That were it to do again upon the ſame unqueſtionable Authority for the ſame declared ends, and againſt the ſame Malignant perſons, I ſhould manifeſt as much readineſſe of mind to engage according to my meaſure, as ever I did.

And thus I have declared my ſelfe touching my Principles, in theſe particulars; I ſhall now crave leave to expreſſe my ſelfe a little touching my ſufferings; and then to make but a few humble Propoſals, and ſo caſt my life into Gods hands and yours. Touching my ſufferings; I may ſay, that my whole life hath been a time of affliction, either of body or mind, God ſees my heart to be a tuffe and knotty piece, that it needs ſo many blows to break it; I may ſay with the Pſalmiſt, I have been afflicted from my youth up, and from my youth up I have met with oppoſition. From the Prelates, being perſecuted by them, meerly for conſcience ſake; it is near twenty years ſince I was cited to the Biſhops Courts; I have been often troubled for hearing of Sermons, and diſcharging other exerciſes of Religion, which were an offence in thoſe dayes: When I was a Scholer in Oxon and Maſter of Arts (I do not ſpeak it out of vaine oſtentation, but meerly to repreſent unto you, that what I was, I am, and what J am,▪ J was) J was the firſt Scholer that J know of, or ever heard of in Oxon, who did publickly refuſe in the Congregation Houſe to ſubſcribe unto thoſe impoſitions, or Cannons impoſed by the Arch-Biſhop touching the Prelates and Common Prayer. And for which, though they would not deny me my degree, yet I was expelled the Congregation Houſe, never to fit as a Member among them. When J came firſt to London, which is about twelve years ſince, J was oppoſed by the B. of London; and though J was called as a Lecturer to Ann Alderſgate, yet it was near three years before J could faſten upon any Lecture. After this, about the year 1640, or 1641, J was impriſoned in New-Caſtle, meerly for expreſſing my ſelf againſt the errors of the Service-Book, and was removed from priſon there, by a Habeas Corpus, to this place; And in this Court of Kings Bench, J was acquitted. After this, about the beginning of the Wars between the late King and the Parliament. J was the firſt Miniſter that J know of in England, who was accuſed for preaching of Treaſon and Rebellion, meerly for maintaining in a Sermon in Kent at Tenterden, the lawfulneſſe of a defenſive war, at the firſt breaking out and irruption of our Troubles; but was then publikely acquitted in a Court there, and recovered coſts and damages of my Accuſer. After this J had a little breathing time, whilſt the two Houſes of Parliament were in power; only J was once complained againſt by the Kings Commiſſioners at Ʋxbridge for preaching a Sermon there; J did not know that J ſhould preach there till the Pſalm was ſung, and did only preach a Sermon which J had preached the day before at Windſor Caſtle; J was, J ſay, complained of by the Kings Commiſsioners to the Houſe, for that Sermon; but within three weeks J was acquitted and diſcharged, by order of the Houſe of Commons. That Sermon is much ſpoken of becauſe it is ſo little ſeen, it is ſo obſcure a piece, and many imagine, as if the keeneſſe of my affection was blunted from what it was in that Sermon: But J declare unto you, that J come up to this day to every tittle of that Sermon: J hear it is lately printed, and if it be printed according to the firſt copy, J will own every line of it, as that to which my heart and judgement concurs to this very day. After all this, ſince the late change of Government, J have been three times in trouble; J was once committed to cuſtody by, and twice cited before the Committee of Plundred Miniſters, but there was no ſufficient proof againſt me, and ſo J was diſcharged.

But now laſt of all, this great and laſt tryal and trouble is come upon me: J have been kept ſeverall weeks in cloſe Priſon, and now J am arraigned for my life; herein is my great comfort, even that which was the Apoſtles, God that hath delivered me, he doth deliver me, in whom I truſt that he will yet deliver me. 2 Cor. 1.10. Job 5.19.2 Cor 1:10Job 5:19And that that ſhall be made good to me; He ſhall deliver thee in ſix troubles, yea in ſeven there ſhall no evill touch thee. As Cato, he was accuſed thirty two times by the unkind State whom he faithfully ſerved, and yet after thirty two times accuſation, his innocency and uprightneſſe brought him off. Why ſhould not I be confident in my God, who have had a life time of experience of his care and love towards me. It is not the danger of my life troubles me; I am a ſickly man, and I know a diſeaſe will ear long kill me, whatever you do with me; but this grieves me more; That I ſhould ſuffer from their hands for whom I have done and ſuffered ſo much in my obſcure ſtation, and according to my weak meaſure; had it been an Enemy had dealt thus by me, and made ſuch an eager proſecution of me, and ſuch high aggravations of that which in the ſimplicity of my heart I have done, it had not been ſo much, and as I told the Committee when I was p. 69examined by them (who charged me with Jeſuiſme and non-ingenuity, becauſe I would not confeſſe againſt my ſelfe and others) that though I honoured them as private Gentlemen, and ſhould acquaint them with what my ſelf had done, when it ſhould not be a ſnare to me; but when they ſhall apprehend me by a warrant for Treaſon, and examine me in order to a triall for my life, In no Judicature in the world, will I confeſſe a word, till I firſt hear what will come in againſt me. Now as I told them then, I never wrote letter, nor received letter; nor ſent, or lent mony to any perſon of the Scotiſh Nation. Now that I ſhould meet with this hard meaſure; to have the moſt ridgid and ſevere interpretation put upon all my actions, to be look'd upon with ſo jealous (I might ſay with a worſer) eye, that have in my meaſure ventured my all, in the ſame quarrell that you were ingaged in, and lifted up my hands in the ſame Covenant, that have took ſweet counſell together, and walk'd in fellowſhip one with another; That from theſe I ſhould have ſuch hard meaſure, This, this troubles me greatly; had I been ſo dealt withall at the Juncto at Oxon, I ſhould not have been ſo troubled at it; but to be dealt ſo with at Weſtminſter, this is that at which I ſtand amazed: yet bleſſed be God, I am not affraid; My Conſcience doth not tell me of any perſonal Act of mine proved againſt me that brings me under any of your laws as to Treaſon. And thus having expreſt my ſelf, concerning my charge, and the witneſſes, and my ſelf. I ſhall now in the cloſe of all ſay (what ever tortured collections, or inferences, are drawn from my practiſes, and however Lawyers may aggravate thoſe things that in part have been proved againſt me; yet I do declare in the preſence of God, that what ever I have done, in the ſimplicity and integrity of my heart, I have done it; and did deem it to be conſonant and agreeable, both to my conſcience, and to the Proteſtations, and Covenant I have taken: and I have done nothing out of animoſity or from a ſpirit of revenge; and thus J have done concerning my ſelf. J have only a few humble propoſalls to make to your Lordſhip, and the Court, and then J ſhall leave all to Gods determination and yours. To you that are my Judges, J humbly crave this of you, and J do it upon your Lordſhips words, the firſt day of my appearance here. When you were pleaſed to deny me Counſell, you ſaid you would be Counſell for me; and J beſeech you be ſo, for you are Judges both of matter of law, and matter of fact. J may make uſe of that paſſage, Proverbs 31.8. Solomon ſays there, that rulers muſt open their mouthes for the dumb, in the cauſe of all ſuch as are appointed for deſtruction. Truly, My Lord, J am as a dumb man before you; dumb in matters of Law, J cannot plead one word for my ſelf: J beſeech you be as Solomons Rulers were, and open your mouths for him that is appointed to deſtruction; you who are my Judges, be my Advocates, my life lies in your hands. And then J beſeech you let me make this humble motion to you, That you would not count any thing that J have done to be out of animoſity, or ſtoutneſſe of Spirit; Truly, nothing but Conſcience could carry me through all my ſufferings; I could not leave ſuch dear relations that God hath given me, and ſuch a loving people, and comfortable livelihood, as any Miniſter hath within the walls of London: Nothing but conviction of conſcience, can carry me another way: And till Conſcience be fully ſatisfied, J cannot ſtir one ſtep.

The next thing J beg is to beſeech your Lordſhip and the Court, to put a candid and fair interpretation upon all that J have done, or that by witneſs you have heard; that it was no Malignant deſign, though I do not own the management of any deſign: J never writ letter, nor ſent letter to any of the Scotiſh nation; yet thus far J own the thing, that it was agreeable to my judgement and Conſcience: For J thought the intereſt of God, and Religion, and the good of the Nation would be more advanced, if the King went into Scotland upon Covenant terms, then if he ſhould fall into the hands af the Jriſh rebells; or offer this Nation to the Turk, or Spanyard, or any other to come in and make a prey of it. J did Judg it would be a foundation laid of great troubles and blood, if he were not received by that nation. And though I did not, and do not in the leaſt own either the Commiſſion or Inſtructions, or the way of management of that buſineſſe, yet I confeſſe the agreement between the King and Scots I deſired, and deemed it my duty upon this ground, one clauſe of the Covenant being, to ſeek the union and good of both Nations; and thoſe who endeavour the contrary are declared by the Covenant to be Incendaries, Malignants, and Evill Inſtruments, who not only divide the Kingdoms one from another, but divide the King from his people. Now they declaring him to be their King, according to my apprehenſion I thought it agreeable to my Covenant, to pray and deſire, as a private man, and no more, for an agreement between the King and them, upon thoſe terms conſiſtent with the ſafety of Religion, and the terms of the Covenant.

And thus I have opened my heart to you. The favourable interpretation I humbly beg of p. 70you is this, That things might not be taken in the worſt ſenſe: Non eſt reus, niſi mens ſit rea: He is not guilty, unleſſe the mind be guilty, I heard your Lord-ſhip ſay ſo at Guild-Hall, as I remember.

The Lord knows in the uprightneſſe of my heart, I have done, what I have done. It is a Maxime in the Law (I have read it in Divinity books) Ampliandi ſunt favores, et in paenis benignior interpretatio facienda; Favours are to be amplifyed and enlarged by Magiſtrates; but in puniſhments, the moſt benigne and favourable interpretations muſt be made. Now of my Actions the harſheſt interpretations are made; I have a Charge laid againſt me, which I deem (and as my Councell tels me) to be rather a flouriſh in Law, then reality of matter..

I ſtood amazed when I heard the charge againſt me, I thought it had rather been againſt ſome other man then againſt me. As if I ſhould ſend to the Queen, Piercy and Jermin: herein I did rather venture my life upon a Tryall, then to lie under all that Obloquie, which that charge did lay upon me. Therefore I again beſeech you put a fair and candid interpretation upon what is proved againſt me.

I remember a phraſe, Summum jus eſt ſumma injuria, to be over juſt, is to be injurious. Be not over righteous, may refer to Courts of Judicatory. Herein I acknowledge, that my not revealing what my accuſers have done, this layeth me under the fault of a concealment, for which I lay my ſelfe at your feet.

The next humble requeſt I have to make, is this, To intreat your Lordſhip and the Court, that you would not hearken to any politick ſuggeſtions, that may be laid before you: I know under what diſadvantage I lye, that am the firſt Miniſter in England tryed for Treaſon, in a buſineſſe of this nature, and what a prejudice this is to me, to make an example upon.

The firſt Suggeſtion that I humble intreat you would not hearken to, is; That it will not be for the honour and intereſt of the State, if I be not condemned; Truly it is for the honour of the State for you to do Juſtice, If you have found, that I ever writ letter, or ſent, or received letter, or lent money; if in theſe regards you have found me within your Acts, ſpare me not: But if I have been onelyonly preſent at the reading of letters, and have been ſilent at what others have done; therein I lay my ſelfe at your mercy, to ſhew me favour. It was a ſuggeſtion to Pilate, If thou ſpareſt that man, thou art no friend to Caeſar; and ſo if you do not condemn me, you are no friends to thoſe who commiſſionate you; but be friends to your ſelves and families, and take heed that you bring not guiltleſſe blood upon you.

And here (and ſo I ſhall have done) in the cloſe of all, I do acknowledge, that in many particulars, as touching not revealing (I ſay not as to perſonall actings, nor do any prove it againſt me) I do fall within your acts, as to the cenſure of a concealment; and herein I humbly beg your mercy. And however J may be judged to be a man of a turbulent and unquiet ſpirit,; yet thoſe that know me in my relations, will not ſay ſo of me; and my people, over whom God hath called me (J think) will ſay, J am a man who deſireth to live quietly in the Land: But however my ſpirit and principles are queſtioned, yet J reſolve by the grace of God to lead for the future a quiet and peaceable life, in all godlineſſe and honeſty.

J have but one word more to cloſe all J have to ſay for my ſelf (for J have made no plea in Law; in thoſe matters J am as a dumb man, and cannot open my mouth) and 'tis this, The Charge and Depoſitions lie before you, and J will but lay this before you alſo, that if ſo be my fact ſhould deſerve death, which J beleeve it doth not, and J hope you cannot finde me under your own Acts as to Treaſon; yet if you do cenſure me rather upon a politicall intereſt, then from the merit of the fact, the Scripture accounts not that Juſtice, but Murder. Jehu put to death Ahabs ſons, and that by the command of God; but he did it upon a politicall intereſt, to eſtabliſh himſelf in his new gotten Government: and when God reckons for this, he ſayes, I will avenge the blood of Jezreel upon the houſe of Jehu. To do any thing upon a politicall intereſt, though the fact may deſerve death, the Scripture counts this Murder, not Juſtice.

And I beſeech you, let me ſuggeſt one thing to you, though J am a worm and no man, and deſerve not to be regarded amongſt the children of men; yet what I have done and ſuffered, let it be a little thought on by you: And let mee urge that of Abiathar the Prieſt, he did an act that was not juſtifiable, and ſaith Solomon, Thou art worthy of death; but I will not at this time put thee to death, becauſe thou bareſt the Ark of the Lord God before David my father, and becauſe thou haſt been afflicted in all wherein p. 71my father was afflicted. I leave it to your own conſciences to make application.

Many things elſe might be ſuggeſted againſt me, and all to exaſperate and exulcerate your minds againſt me, to make you with leſſe regret of conſcience to paſſe a dolefull Sentence upon me; which J hope you cannot, and for the fear of the Lord you dare not: but if you ſhould, (and ſo J have done) J will ſay to you, as Jeremiah did to the Rulers of Iſrael, As for me, behold I am in your hands, do with me as ſeemeth good and meet unto you; but know yee for certain, that if ye put me to death, ye ſhall ſurely bring innocent blood upon your ſelves: But J will ſay as the Apoſtle did, I hope better things of you, though I thus ſpeak. And thus J commit my ſelf, and my all, unto God and to your judgments and conſciences.

M. Attourney-Generall's preſent Reply to M. Loves Defence.

M. Attourn. Gen.

MY Lord, you have heard him ſay much, and it had been much better for him if he had ſaid leſs. My Lord, when men go out of the way of their own calling, they very often erre; and truly I may attribute much of M. Loves confidence to his ignorance, My Lord, to his ignorance of the Law; and when men meddle beyond their own bounds, they doe tranſgreſs. M. Love hath made you a continued Speech; My Lord, I do finde the old Proverb commonly true, In multitude of words there wanteth not evill: And ſhould I ſay nothing againſt M. Love, my Lord, he hath ſaid enough againſt himſelf, in that that he hath now repeated even to his own condemnation in that which he acknowledgeth, my Lord, (I cannot ſay ingenuouſly, though himſelf hath ſaid ſo) to be rather a miſpriſion of Treaſon and a concealment. My Lord, acts of concealment are not ſo long continued, they have not ſo long continuance: And my Lord, you very well know (for the ſatisfaction of the Gentleman at preſent, and ſome elſe that hear me) that he that heares a Treaſon, (for I do go now a little in his own way) he that hears a Treaſon, muſt not look back before he go to the Magiſtrate and reveal it, and if he be at the Plough, he muſt leave his Plough; if this Gentleman were in his Pulpit he muſt leave his preaching, he that knowes a Treaſon, muſt go preſently and reveal it; there muſt be no repetition of Treaſon, My Lord, M. Love: my Lord, will be miſtaken in that. But truly, my Lord, I was very ſorry, conſidering the condition M. Love now ſtands in, to hear thoſe expreſſions from him that he hath made to you in relation to the paſt and preſent Authority; my Lord, I am not willing to repeat them, M. Love muſt hear of it another time; truly, my Lord, here is little of ingenuity (all men will believe) in this Gentleman, that hath now laid it for a principle to himſelf, and all that ſhall hear him (and I think it not to be ſo Chriſtian, ſo ingenious) not to confeſs any thing any time; but that is ingenuity that what is proved, that he wil confeſs, and that is a high piece of ingenuity, that thoſe things that are proved he wil ingenuouſly acknowledge; I, my Lord, I do not take that to be ingenuity neither in my Law, nor I believe in his Divinity wil it be. My Lord, there hath been a great deal of care and pains taken by M. Love to take in pieces the evidence, I ſhall not undertake now to joyn them together, but in convenient time I ſhall, I doubt not, for the ſatisfaction of the Court, and their judgements, who I muſt ſay, have been threatned by the Gentleman; and my Lord, I hope for the conviction of himſelf. My Lord, he knowes there are ſhrewd pieces againſt him that he hath acknowledged; but he would take them off one by one, but when they are put together, they will not be ſingle evidence, nor ſingle teſtimony, nor ſingle facts, but a continued reiteration and repetition of Treaſon, a continued and Series of time. My Lord you are pleaſed to obſerve that himſelf doth appear from 1648. to 1651. ſo that in 1648. 1649. 1650. and 1651. in all theſe years my Lord, there hath been this conſtant repetition and tranſacting of Treaſon.

My Lord, I learn from him, and 'tis very true,—It is not good dallying with holy things, nor is it with States and Common-wealths, it is very bad dallying with them, thoſe that flutter there will burn their wings at laſt; and it is not Quirks of wit, nor ſtrains of ſenſe or non-ſenſe, will, my Lord, clear theſe things, it w…ll not do it, my Lord. My Lord, he hath deſired you will not hearken to private examinations, my Lord, I have ſaid ſo too, and there hath more been offered to you; but that which hath been publike and viva voce, all have been ſo. But ſurely, my Lord, I could wiſh this Gentleman, and all others of his profeſſion, would meddle in their own Sphere, and not to walk out of that to come and teach Court… what they ſhould do, to teach the Magiſtrate what is his duty. My Lord, I do hardly think it belongs to them ever in the Pulpit to do thoſe things: But to tell us we muſt not examine before-hand, and ask queſtions in private; My Lord, we cannot then be prepared for Felons and Treaſons: And my Lord, J ſay, this confidence is much from his ignorance; for theſe things p. 72are very familiar, and muſt be continued to be done; ſo that theſe things are not well broached by him, and I do think he will ſay at laſt he underſtands not himſelf; and thoſe (I hope) that hear, my Lord, will ſay, I do not uſe it; for, my Lord, I muſt ſay, it muſt be otherwiſe in all well-governed Common-wealths. My Lord, he hath not denied, but acknowledged Meetings at his houſe more than once, twice or thrice: And truly, I did expect from this Gentleman that he would not have continued thoſe fearfull imprecations of calling God to witneſs, that he did never write Letter, nor ſend Letter, nor lend money. I had thought he would not have gone upon theſe equivocations; Did he never move other men to write? Did he never move others to lend money? It is not to ſay, this, and this I have not done; but I had thought he would have cleared himſelf totally of any guilt that way, either in relation to receiving, or hearing Letters read, or lending, or receiving money, or moving for money. My Lord, to put it upon a particular Caſe, this will not blinde the eyes of Juſtice, but you will be able to ſee it: He is pleaſed to ſay, my Lord, he will not lay it to the badneſs of the Witneſſes conſciences, but to the badneſs of their memories; my Lord, I hope in concluſion their memories will appear to be right, and ſome bodies conſcience elſe to be bad. And, my Lord, for to hear this ſaid by this Gentleman that is a Miniſter of the Goſpell, that it is a crime for theſe men to acknowledge their offences, this is ſtrange; I had thought the firſt ſtep to repentance had been confeſſion, and that it had been no offence for any man living that hath committed a fault, or that thought he had committed a fault, to acknowledge it. In my Law and Divinity I thought it ſo, and I have not learned otherwiſe; and ſhall this Gentleman take exceptions, becauſe theſe Gentlemen who have thought they have done amiſs, have acknowledged their errors, and have craved mercy? My Lord, I muſt ſay thus, if any deſerve mercy, it is thoſe that doe acknowledge their offences, and crave mercy, and are ſorry for them; & not thoſe that are obſtinate, & bid defiance to juſtice, prove what you can, I wil confeſs nothing, that is not ſo conſciencious nor Chriſtian a way: And for the Witneſſes, I do wonder that Mr. Love, of any man, ſhould find fault with them; I cannot ſay they have taken ſweet counſell together, but I ſhrewdly ſuſpect they have taken very bad counſel together; theſe Gentlemen are of his own choice, and of his own companions, and thoſe that were converſant with him; and if you pleaſe to obſerve, at every word Will Drake, me-thinks that is a word of familiarity; but my Lord, for theſe, they were his companions, and whether I might ſay more, his houſhold friends or gueſts, but ſure they were in his houſe very often, and were private with him, and in his Chamber and Study, and to cover all theſe actions, and theſe treaſonable practiſes, and Letters, and Deſigns, here they muſt come to hear news, and this muſt cover it all; they come for nothing but news, and our contributions muſt be for charitable uſes, but you muſt not ask why or wherefore we lend money, but it is for charitable uſes; neither God nor man will be blinded in theſe things, and if theſe fig-leaves be ſown together, it will neither cover nakedneſs nor treaſon. My Lord, M. Love hath ſaid, (and in that given judgement againſt himſelf) that either to treat or adviſe with the King of Scots in Scotland, he deteſts them both: My Lord, if he be guilty of both, then I hope, he doth deteſt and renounce himſelf, and then I think, he hath laid your judgement ſomewhat; his own having paſt firſt, yours will eaſily follow. My Lord, he confeſſes, that for this act of the 2. of Auguſt, 1650. he was ignorant of it, and of the danger of it. My Lord, he very well knowes that ignorance is no excuſe, the Act is a publike Act, and hath been long printed, now ten moneths ſince, himſelf ſaith: And yet me-thinks I cannot reconcile that, (that he that goes to make others differ) that he knew not of this Act, and yet Sterks the Scotch Agent was baniſh'd upon this Act, and there was a contribution for him for his going away; the ſame Act that doth the one doth the other. My Lord, he hath been pleaſed to cite a ſaying of Cardinall Farneſus, That if he knew any part of him infected with Lutheranism, he would cut it off, and throw it into the fire; and ſo can he ſpeak truly of himſelf, he would do if he knew any thing of Malignancy by himſelf. My Lord, the queſtion between him, and us is, what is Malignancy, I doubt we differ in that, I doubt his ſenſe of Malignancy; I am ſure by ſome words I ſhrewdly gheſs at, that I count that malignitie, and I hope all this Court, and all that hear me count that malignity, that I doubt his judgement leads him not to it, ſo I doubt we differ upon that.

My Lord, he hath ſaid he was never an Incendiary, or evill inſtrument: I wiſh there were not cauſe for you to think otherwiſe: But ſurely the Gentleman hath made large imprecations, and hath ſpoken much for himſelf; but (I believe) he knowes there is ſo much juſtice here, that he expects not to bee believed in what he ſayes. If it were enough to accuſe, who ſhould be innocent? And if it were enough to deny, who ſhould be guilty? he doth not expect to be believed for his word certainly; for p. 73now he knowes he ſtands in another capacity, and as things are alledged and proved on both ſides, ſo he is to be believed and no otherwiſe. My Lord, he hath been pleaſed to reflect upon my ſelf in many particulars, yea and the Court knowes in what a capacity I ſtand here, as a ſervant to the State to doe my duty faithfully, and J muſt doe it, and yet I muſt ſay, it doth not become me to prompt Witneſſes; that word, my Lord, was not well ſpoken. He is pleaſed to ſay in the commendation of himſelf, that he hath a place in London where he hath a very good Congregation, and a very good competency of maintenance, and J heartily wiſh he had thought ſo really, and had kept himſelf ſingly to that; J do not think he will ſay that in the duty of his place, as a Miniſter of the Word, to preach, to inſtruct, to exhort, rebuke, reprove his people, or any under his charge, that ever the State did interpoſe or meddle with him, neither the Parliament nor the Common-wealth; then for Gods love, my Lord, why ſhould this man interpoſe or meddle with the State? Had you not enough to doe in your own calling? Had you not charge enough lying upon you, but muſt you be going abroad, and put your ſickle into another mans harveſt? I will ſay, the State did never trouble the Gentleman in his duty, he did go on with as much peace and quietneſs as himſelf could deſire, we interrupted not him, let him reflect upon himſelf, whether others have dealt ſo kindely with him; when had he that liberty that now he hath had? You may be pleaſed to obſerve, himſelf ſaies twelve years ago he could not in three years in London get an admiſſion to be a Lecturer, and when he ſpoke in the Congregation-houſe at Oxford, he was expulſed there; he hath had no ſuch meaſure here: doth kindneſs provoke him to theſe things? thoſe that ſin againſt kindneſs are the higheſt Tranſgreſſors. What provocation hath this Gentleman had in his Miniſtery, that he could not follow that, and have let the Parliament and State alone? Doth he not receive breath here to live, and his livelihood to ſuſtain himſelf and his relations? Why ſhould you interpoſe to diſquiet your ſelf and the Common-wealth when they did not provoke you? And let all judge whether this ſhould not convince you; and let me ſay thus much, that you have dealt fooliſhly, and have gone beyond your bounds, and have not kept within your limits in what you have done in theſe things that you have acknowledged.

My Lord, I ſpeak this, that thoſe may hear now that may not hear the other; for that which M. Love hath ſaid, we muſt have ſome time to recollect, and to ſpeak in the vindication of the proceedings of the State againſt this Gentleman, which though I think it needs not much, in reſpect of the Court that hath heard him ſay ſo much and confeſs ſo much as he hath done, yet for the lenitie of the State, that hath moved them to take care of their own preſervation: And I would not do it but that he hath ſtood upon all terms of defiance with juſtice and majeſty, and you have heard from a fellow Miniſter what he did the laſt day, and the principles he urgeth this day, which let me repeat again, there will be no living in ſociety, if theſe things be let alone. My Lord, it is much inſinuated by him, that his blood will be upon you and the Court, J would he had thought upon blood before theſe things had been ſo tranſacted by himſelf, I am afraid (between God and his own conſcience be it, and thoſe that have had correſpondency with him) that much of this blood that hath been ſpilt in Scotland, hath been much by their means; you hear him ſay, that what was deſired by them (and in order to what it was) was, that the King of Scots might joyn with the Scottiſh Nation, and not go to Ireland, that was his conſcience: I do not know, his conſcience led him to meddle with thoſe things, to meddle with State-affairs. But my Lord, if it be ſo, and this hath been brought on by them, that one hath incouraged the King to joyn with the Scots, and the other hath incouraged the Scots to joyn with the King by hopes of parties here, which he himſelf acknowledgeth now, was undertook in the name of a Presbyterian party, though I think and do believe it, for very many honeſt Presbyterians, that they would ſpit in his face if he ſhould ſay it of them; but I ſay theſe doings hath occaſioned the ſhedding of much blood, and a great deal of variance between the two Nations, and the Lord knowes when it will end. But my Lord, as he concluded for himſelf, you will be pleaſed, my Lord, to give me leave (though not in that way of conjuration as he hath done) to ſay for the State, I ſhall not prevent your judgements; but it is better that one man, than a State ſhould periſh. And if this man be guilty of the Treaſons proved againſt him, I believe himſelf will judge, he had better periſh and ſuffer death, than the State ſhould periſh. All theſe actings of his have been underminings of the State clean through, carried on very cloſely and covertly in diſguiſes, and not diſcovered; but he that dances in a net will be catch't trapping at laſt. My Lord, before you give your judgment, you wil conſider that juſtice to the Common-wealth—

So my Lord, I have added what my bad memory (J hope not bad conſcience) hath repeated to me, as might give ſome anſwer to what he hath ſaid: but ſince he hath been pleaſed to take ſuch pains to run p. 74through all and every one of the evidence ſo exactly, and hath had three dayes given him for it: my Lord, I ſhall ask but one for my ſelf, and for thoſe that are the Councell of the Common-wealth. My Lord, this is all I ſhall ſay at preſent to you, and ſhall ſay no more till next meeting.

Judge Keeble The Lord Preſident ſpeaks after the Attourney-Generall: the very beginning of his Speech was not heard, he beginning very ſoftly.

L. Preſ.

But again in this point, for the Presbyterian Government, if it be rectified, doubtleſs it tends to the peace of this Nation, and all places, but not with a Scotch limitation, I deny that; nor limited by a Scotch Covenant.

The next thing is this, becauſe you often fall upon diſtinctions of the Law, and that you are ignorant of the Law; the more to blame you, that profeſs the learning of the Law of God; for there is no Law in England, but is as really and truly the Law of God as any Scripture-phraſe that is by conſequence from the very Texts of Scripture; for there are very many conſequences reaſoned out of the Texts of Scripture; ſo is the Law of England the very conſequence of the very Decalogue it ſelf, and whatſoever is not conſonant to Scripture in the Law of England, is not the Law of England, the very books and learning of the Law; whatſoever is not conſonant to the Law of God in Scripture, or to right reaſon which is maintained by Scripture; whatſoever is in England, be it Acts of Parliament, Cuſtomes, or any Judiciall Acts of the Court, it is not the Law of England, but the errour of the party which did pronounce it, and you or any man elſe at Bar may ſo plead it; and therefore to profeſs you are knowing in the Laws of God, and yet to be ignorant of the Lawes of England, when yet the Lawes of England be ſo purely the Lawes of God, as no Law in the world more practicall at this day, for you to be ignorant of them, it is not to your commendation, nor to any of your profeſsion.

Then Sir, for your going on in theſe wayes. The Court with patience hath heard you (I think) two hours, or thereabouts, and you have done nothing but anticipated the Court; What? do you think they have not underſtandings, and judgements, and conſciences? They would have done it, they would have examined theſe Witneſſes preciſely, and would have compared them; but you have taken up all this time by way of anticipation; and in a Rhethoricall way to do it! let me tell you, that Orators among the Heathen have been the greateſt Incendiaries, and thoſe Orators in Chriſtendome that do not ſet their judgements upon right ends, they are the moſt unworthy men in Chriſtendome; for there is no hereſies, murders, traiterous and treaſonable practiſes and attemptings, and all the higheſt wickedneſſes that ever were committed in Chriſtendome whatſoever, or in this Nation in particular, but they have had ſome of that profeſſion that have called themſelves Miniſters of Jeſus Chriſt, as the Jeſuits of Jeſus, and the Prieſts of thoſe; and all theſe things and high actings have ſtill had ſome tincture of your Coat in them: Therefore it is not your Office can excuſe you; your Office is ſacred, as other Chriſtian Offices are, and you are no more Divines by your Office; but you are to remember, and you muſt know, that Chriſtian juſtice that you teach in the Pulpit, to act it in the Court is of a higher nature than preaching is: and therefore in this, that you ſhould advance your profeſſion beyond the Judicatories of this Land, know, that Judgement and Juſtice is the higheſt Religion in the world both in Chriſtendome and out of it: And this Sir, wee would have you know, that Lawyers Doctrine tends to this, and I hope hereafter you will be more obedient and better vers'd to know theſe grounds of the Laws of England, by which now you are called here. I ſhall ſay no more, but take advice with the Court about you.

The Court adjourns, and M. Love is commanded away.